Uncontrollable Delay definition

Uncontrollable Delay means any delay in achieving the Initial Operation Date on or before the Expected In-Service Date that occurs solely as a result of one of more events of Uncontrollable Force.
Sample 1Sample 2Sample 3
Uncontrollable Delay means a quantifiable period of delay in achieving Completion directly caused by any Uncontrollable Event as determined pursuant to good development and construction scheduling practices; provided, however, in order for SIP Member to avail itself of an Uncontrollable Delay, SIP Member must notify Dividend Member as soon as practicable after the occurrence of an event which, in the reasonable opinion of the SIP Member, constitutes an Uncontrollable Event and must notify Dividend Member of the day on which such Uncontrollable Delay ceased as soon as practicable after the end of such Uncontrollable Delay.
Sample 1Sample 2
Uncontrollable Delay means only an actual delay in the completion of the Tenant Improvements resulting from Force Majeure. The term “Landlord Delay” shall mean only an actual delay in the completion of the Tenant Improvements which is caused by (a) the failure of Landlord to provide responses to requests by Tenant for authorizations or approvals (e.g., approvals, disapprovals or conditional approvals) within the time period set forth in this Tenant Work Letter, (b) the failure by Landlord to pay the Improvement Allowance when due under this Tenant Work Letter, (c) Landlord’s failure to provide Tenant with possession of the applicable portion of the Premises for the purposes of constructing the Tenant Improvements therein after the Final Working Drawings for such portion have been approved by Landlord and Tenant and Tenant has received all Permits, or (d) Landlord’s failure to deliver the Premises at the time required by subsection (c) above with Landlord’s Work complete as required pursuant to this Tenant Work Letter. Notwithstanding anything to the contrary contained herein, neither an Uncontrollable Delay nor a Landlord Delay shall include any of the foregoing delays to the extent caused by the acts, omissions, or misconduct of Tenant or Tenant’s Agents. No Uncontrollable Delay or Landlord Delay (except for (a) above) shall be deemed to have occurred unless Tenant has given Landlord written notice that an act or omission on the part of Landlord or its agents is about to occur or has occurred (with respect to an alleged Landlord Delay) or that an event giving rise to an Uncontrollable Delay is about to occur or has occurred (with respect to an Uncontrollable Delay) which will cause a delay in the completion of the Tenant Improvements and Landlord has failed to cure such delay (with respect to a Landlord Delay) or has failed to remedy the situation giving rise to a potential Uncontrollable Delay (with respect to an Uncontrollable Delay) within one (1) business day after Landlord’s receipt of such notice, in which case the number of days of delay after such notice shall be a Landlord Delay or an Uncontrollable Delay as applicable. Any Landlord failure to provide authorization or approval under (a) above shall be an automatic Landlord Delay and shall not require notice from Tenant or any cure right for Landlord prior to being deemed as a Landlord Delay. EXHIBIT B SCHEDULE 1 TO EXHIBIT B Conceptual Plan EXHIBIT B EXHIBIT C NOTICE OF LEASE TERM DATES To:
Sample 1

Examples of Uncontrollable Delay in a sentence

  • Accordingly, the Estimated Base Building Work Completion Date is hereby extended from November 1, 2021 to December 15, 2021, as such date may be further extended by any Tenant Delay (including, but not limited to, the actual Tenant Delay resulting from including the Elevator Work as part of the Base Building Improvements) or by any Uncontrollable Delay (as defined in Section 5.6 of the Work Letter).


More Definitions of Uncontrollable Delay

Uncontrollable Delay means a quantifiable period of delay in achieving Completion directly caused by any Uncontrollable Event as determined pursuant to good development and construction scheduling practices; Xxxxxxx Xxxxxx Member shall notify Dividend Member at least monthly in connection with a draw request under the Construction Loan as to any Uncontrollable Delay.
Sample 1
Uncontrollable Delay means only an actual delay in the completion of the Improvements or Base Building Improvements resulting from lightning, earthquake, fire, storm, tornado, blizzard, flood, wash out, explosion, industry-wide strike, lockout or labor dispute, civil disturbance, riot, war, act of the public enemy, sabotage, pandemic, epidemic, states of emergency, decrees, orders, ordinances, statutes, moratorium, laws, or other governmental action or proceeding, of or other similar causes beyond the reasonable control of Tenant (but not to exceed a total of ninety (90) days).
Sample 1
Uncontrollable Delay means a delay of a Scheduled Flight for any reason that, if it resulted in the cancellation of such flight, would constitute an Uncontrollable Cancellation, or as provided in Section 2.01(e).
Sample 1
Uncontrollable Delay means only an actual delay in the completion of the Tenant Improvements resulting directly from fire, earthquake, flood, acts of EXHIBIT "D" 6 Initials: ____ ____
Sample 1

Related to Uncontrollable Delay

  • Uncontrollable Force means any cause beyond the control of the Borrower, including:

  • Tenant Delay means (i) any request by Tenant that Landlord delay in the commencement or completion of the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable, for any reason; (ii) any delay in the Base Building Substantial Completion Date caused by Tenant’s contractors, agents and employee’s interference with Landlord and Landlord’s contractor’s, agents, and employees; or (iii) any other act or omission of Tenant or its officers, agents, servants or contractors which causes a delay in the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable. If a delay shall occur in the Base Building Work as a result of Tenant Delay, then Tenant shall, within thirty (30) days after determination of the Rent Commencement Date, and only to the extent that such amount exceeds the rent credit, if any, due to Tenant, pay to Landlord for each day of Tenant’s Delay the amount of Basic Rent, Additional Rent and other charges that would have been payable hereunder had Tenant’s Delay not occurred to the extent that such Tenant Delay caused the Rent Commencement Date to be later than the date such date would have occurred had such Tenant Delay not occurred. Landlord shall give Tenant written notice of a Tenant Delay under clauses (ii) and (iii) above within twenty-four (24) hours after Landlord learns of such Tenant Delay. Subject to Tenant Delay and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work on or before March 1, 2002, Tenant shall have the right to terminate the Lease by written notice to Landlord prior to March 15, 2002, whereupon this Lease shall terminate and be of no further force or effect thirty (30) days after the date of such notice unless Landlord shall have substantially completed the Premises Base Building Work prior to, or within such period.

  • Uncontrollable Forces means any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.

  • Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.

  • Uncontrollable Circumstance means any act, event or condition that is:

  • Landlord Delay shall occur if either: (i) Landlord fails to complete the Base Building and/or other improvements on the Project that are required by the DDA, the Parking REA and/or the CC&Rs, and as a direct result of such failure Tenant is unable to obtain a temporary or permanent certificate of occupancy for the Premises upon substantial completion of the Tenant Improvements; or (ii) substantial completion of the Warm Shell Improvements or Tenant Improvements is delayed directly and solely as a result of any of the following and such delay could not have been mitigated by Tenant using commercially reasonable measures, which delay occurs after the Delivery Date and before the Commencement Date and does not result from Tenant's interference or delay in connection with completion of the Tenant Improvements or after a Tenant Default or Work Letter Draw Event: (a) subject to Paragraph 8 above, unreasonable interference by Landlord or Landlord's Contractor with the construction of the Warm Shell Improvements or the Tenant Improvements; (b) Landlord's failure to comply with any deadlines for response to, or submissions from, Tenant as required by this Work Letter; (c) any material Discretionary Changes to Landlord's Plans or the Warm Shell Plans after their final approval by applicable governmental entities (other than Tenant Modifications) that directly affect Tenant's Plans or the Tenant Improvements; and/or (d) Landlord failure to complete portions of the Base Building and/or other improvements on the Project that are Landlord's obligation to complete hereunder, and as a direct result of such failure Tenant and Tenant's contractors do not have access to the Premises to the extent required to complete the Warm Shell Improvements and/or Tenant Improvements. Tenant shall give Landlord at least five (5) days prior notice if Tenant becomes aware that Landlord is in danger of causing a Landlord Delay, and if Landlord takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Commencement Date shall be made on account of such Landlord; provided, however, that if such delay was not reasonably foreseeable by Tenant, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Tenant becomes aware of such delay or potential delay.

  • Construction Period means the period commencing from the Appointed Date and ending on the date of the Completion Certificate;